DO I HAVE A NEW YORK LABOR LAW CASE?

New York’s Labor Law is unique in that property owners and their contractors may be held completely responsible for injuries suffered by workers on a jobsite, regardless of whether the injured worker was partially at fault for the accident.  This legal concept is known as “strict liability”. 

Unlike most accident victims, who are only entitled to compensation for their injuries based on the percentage of fault attributed to the legally responsible party, New York’s strict liability labor law entitles workers involved in certain construction or jobsite accidents to 100% compensation for their injuries.

This extraordinary law, entitled Labor Law § 240, is commonly known as the “Scaffolding Law” because it often applies to accidents involving the use of scaffolding, and includes other requirements for building and using scaffolding.

Importantly, the section of this law that imposes strict liability on property owners, contractors, and their agents, does not only apply to accidents involving the use of scaffolding.  The protections of Labor Law § 240 broadly apply to hired workers or employees injured while performing building demolition, construction, alterations, and repairs, among other types of work. 

At its core, Labor Law § 240 was enacted to protect workers from gravity-related hazards on a construction site or jobsite.  The hazards from which this law protects workers could be anything that is in some way connected with the effects of gravity, but commonly include workers falling from a height or being struck by a falling object that was improperly hoisted or inadequately secured. 

The law requires that workers be provided with the necessary and proper safety equipment to protect them while performing their work.  The failure to provide an injured work with adequate safety equipment constitutes a violation of Labor Law § 240, entitling an injured worker to recover full financial compensation for his or her injuries.  Whether Labor Law § 240 applies to a particular accident is fact specific and may not be the only law applicable to your injury case. 

If you have been injured in an accident on a construction or jobsite, it is important that you speak to a lawyer as soon as possible regarding your rights.The attorneys at Nappi Klozow, LLP have the skill and experience to obtain the best results for their injured clients.We offer free consultations and only charge a legal fee when we win your case.

Disclaimer: The information on this website is general information only and should not be construed to be legal advice nor the formation of an attorney/client relationship.